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法規名稱(Title) Enforcement Rules of the Implementation Act of Substitute Services Ch
公發布日(Date) 2015.09.30
法規沿革(Legislative) 1.Promulgated on May 17, 2000
2.Amended on July 30, 2003
3.Amended on October 5, 2007
4.Amended on September 30, 2015
法規內文(Content)

Article 1
These Rules are set down pursuant to Article 62 of the Implementation Act of Substitute Services (“the Act” hereafter).

Article 2
The requisition agency mentioned in the Act refers to the central competent authority in charge of the service unit where the substitute service draftee performs his or her duties; the service unit refers to the administration unit in charge of the workplace where the substitute service draftee performs support duties; the hiring unit refers to the competent authority-approved government agencies, public research institutions, universities and colleges, corporate research institutions, and civil industrial organizations engaging in technological or industrial research and development, or technical work.

Article 3
The types of substitute service referred to in Subparagraph 1, Paragraph 1, Article 4 of the Act include assignments with the following duties:
1. Police service: to serve in the mobile security police force, community watch and patrol, traffic control assistance, duties at corrective agency, as a guard at a sanctuary, and other safety maintenance and related support services.
2. Fire service: to serve in hazard salvation, rescue of the injured and the sick, and related support services.
3. Social service: to take care of children and youth, the elderly and the sick, disabled veterans and the mentally and physically handicapped, to assist in promoting social insurance, social remedies, welfare services, nation-wide job placement, national health insurance, management of mortuary services, and other social welfare and related support services.
4. Environmental service: to serve in environmental inspection, examination, recycling of resources, environmental cleaning and maintenance, detection of radiation affected buildings, buildings control, rivers control, water resources control, conservation of water collection areas, geological survey, to assist in meteorological observation and related support services.
5. Medical service: to undertake medical and health care services in mountainous areas, outlaying islands, remote areas, foreign countries and regions lacking medical resources and related health care and medical units, to take up epidemic prevention, inspection, management of public health care and related support services.
6. Educational service: to undertake teaching work in national elementary and junior high schools in mountainous areas, outlaying islands, remote areas, teacher-deficient regions, to take up the special education and overseas assistant teaching work, and to assist in campus security, counseling of drop-out students, and other education-related support services.
7. Agricultural service: to undertake resources surveys concerning fishery, plants, forestry, soil and agriculture, to provide guided tour service in forest recreational parks, to serve in agricultural construction, agricultural testing and inspection, guided tour service for exhibitions of agricultural resources, conservation of slopes, animals and plants, the animal and plant health inspection and quarantine, and other agriculture-related support services.
8. Other services designated by the Executive Yuan: the duties to be drafted by the requisition agency, reported to the competent authority, and referred to the Executive Yuan for review and approval.
The requisition agencies shall state clearly the specific tasks and work content required of the above-mentioned support services in accordance with the provisions regulating the general substitute service draftees’ work.

Article 4
The requisition agency shall submit a substitute service implementation plan and the manpower demand plan for the coming four years by the end of February each year.
The implementation plan and the 4-year manpower demand plan mentioned in the previous paragraph shall include the number of the substitute service draftees required, the place of work, the job duties, the management approach and the budget required.
The competent authorities shall review the substitute service implementation plan submitted by the requisition agencies on or before May 31 each year, and shall set forth the priority of implementation and the number of draftees by types of substitute service and report to the Executive Yuan for approval pursuant to Paragraph 2, Article 4 of the Act.

Article 5
The hiring units that request substitute service draftees for research and development work, or industry training shall make their application to the competent authorities, enclosing the R&D or industry operational plan and other prescribed documents, within the deadline announced by the competent authorities.
The R&D or industry operational plan mentioned in the previous paragraph shall include the hiring unit’s basic information, operating status, research and development, or industry training plan, and the plan for using R&D or industry training substitute service draftees, etc.
The competent authorities shall set forth the number of draftees for R&D or industry training substitute service for the next year and report to the Executive Yuan for approval by June 30 each year.

Article 6
Authorities and responsibilities for the drafting of general substitute services are defined as follows:
1. The competent authorities shall, by consulting the Ministry of Defense (MOD), determine the date, phase, and place of calling up military draftees.
2. The competent authorities shall develop the draft and transportation plans.
3. The municipal or county (city) government shall forward the adapted draft plan developed by the competent authorities to the Township (City or District) Office, and produce and issue the draft order of general substitute service.
4. The Township (City or District) Office shall deliver the draft order to the general substitute service draftees no later than ten (10) days before the scheduled date of the draft.
Conscription regulations may also apply to matters relating to the draft of general substitute services draftees.

Article 7
After receiving basic training for general substitute service, men of conscription age who have completed the policeman training and education but not performed the compulsory military service yet shall have their conscription records remarked that they have received the basic training for substitute service, and shall be registered as reservist draftees of substitute service.
 

Article 8
After a general substitute service draftee is assigned to a service unit, the requisition agency shall complete the registration of the draftee’s service unit on the Substitute Services Information Management System within fifteen days and produce a service register control list of general substitute service draftees, which shall be sent to the competent authority for implementation of control and changes management. After a R&D or industry training substitute service draftee is assigned to a hiring unit, the hiring unit shall produce a list of R&D or industry training substitute service draftees, which shall be sent to the competent authority for implementation of control and changes management.
The requisition agencies and hiring units shall produce a retired list three months before the expiry of the term of substitute service and submit it to the competent authorities for approval. The competent authorities shall produce the certificate of discharge, pursuant to Paragraph 5, Article 7 of the Act, to be issued by the requisition agencies or hiring units to the substitute service draftees when they are discharged.

Article 9
In case of the conditions prescribed in Paragraph 1, Article 10 of the Act where a substitute service draftee’s service is suspended, the requisition agency or hiring unit shall produce a list of draftees in service suspension, to be sent to the competent authority, together with the supporting documents, for approval.
For those who are approved by the competent authority for service suspension, the municipal or county (city) government shall register and process the service suspension, and inform the substitute service draftees, as well as the requisition agency or hiring unit.

Article 10
For substitute service draftees approved to suspend their service pursuant to Article 10 of the Act, if the reason for suspension no longer exists, the municipal or county (city) government shall report to the competent authority for approval of resumption of service or exemption of service; the competent authority shall inform the substitute service draftees, as well as the requisition agency or hiring unit, of the approved result.

Article 11
Authorities and responsibilities for basic training and professional training specified in Article 13 of the Act are classified as follows:
1. The competent authorities shall develop the training guidelines and instructions.
2. The competent authorities, in collaboration with the MOD, shall develop and carry out the basic training programs.
3. The requisition agency shall develop, carry out, and supervise the professional training programs for general substitute service.
4. The competent authority shall develop, carry out, and supervise the professional training programs for the R&D or industry training substitute service.
The military force included in the basic training programs sponsored by the MOD as mentioned in Subparagraph 2 above shall be excluded in the sum of the authorized size of the national army.

Article 12
The selection of management cadres mentioned in Article 14 of the Act shall be done by the requisition agency based on the evaluation performance. After passing the on-the-job training, the successful candidates will be officially qualified as the management cadres, and will undertake the leadership and evaluation management duties.
The authorized size of the management cadres as mentioned in the previous paragraph shall not be greater than ten percent (10%) of the total in-service draftees of substitute service in the requisition agency. However, the management cadres required for sponsoring the basic training programs are not subject to this limitation.

Article 13
The oath provided in Paragraph 1, Article 24 of the Act shall read as follows:
I, (name of the person taking the oath), hereby solemnly swear that I shall be loyal to the Republic of China, strictly observe the laws and regulations, obey the commands given by my senior officers, faithfully fulfill my duties, keep strict confidentiality, and I shall unconditionally surrender myself to the most severe disposition if I breach the oath.

Article 14
Draftees of general substitute service involved in crime, as mentioned in Article 52 or 53 of the Act, shall be referred by the service unit to the judicial authority for prosecution, and the requisition agency shall be notified; those involved in crime set forth in Article 54 of the Act shall be referred by the competent authority to the judicial authority for prosecution, and the requisition agency or the municipal or county (city) government shall be notified; those involved in crime set forth in Paragraph 1, Article 55-1 of the Act shall be referred by the municipal or county (city) government to the judicial authority for prosecution, and the competent authority shall be notified.
Draftees of R&D or industry training substitute service involved in crime set forth in Article 52 of the Act shall be reported to the judicial authority by the hiring unit, and the competent authority shall be notified.
Draftees of the first-phase R&D or industry training substitute service involved in crime set forth in Article 53 of the Act shall be referred by the competent authority to the judicial authority for prosecution.

Article 15
Authorities and responsibilities for the preparation of budget as provided in Article 60 of the Act are assigned as follows:
1. The competent authorities shall prepare the budget of basic training expenses for general substitute service draftees.
2. The competent authority shall prepare the budget of payroll, primary and secondary food, uniforms, insurances, pension and family subsidies for general substitute service draftees, but the budget of travel medical insurance and war risk insurance shall be prepared by the requisition agency.
3. The requisition agency shall prepare the budget of professional training expenses for general substitute service draftees; the budget of management and accommodation expenses shall be prepared by the service unit.
4. The municipal or county (city) government shall set up a centralized dormitory for the general substitute service draftees, and provide for the basic living facilities and recreational facilities required, for which the expenses shall be shared by the service units of the respective substitute service draftees.

Article 16
Draftees born in or before 1980 who are obligated to perform military service but has not been drafted into the camp may apply for taking substitute services, and the applications shall be processed individually by the competent authorities in collaboration with the MOD.

Article 17
These Rules shall be put into practice from the date of promulgation.